1. Where the Centers for Medicare and Medicaid
Services (CMS) makes paym ents pursuant to a "pay
and chase" policy, are the certifications of Stone County
Hospital, Inc. (SCH) "material" to CMS's paymentdecisions as required by the False Claims Act (FCA)?

2. Where the Government alleges that Ted and Julie
Cain's salaries are excessi ve and where those salaries
were disclosed annually in cost reports submitted tothe Government without objection by the Government,did Defendants knowingly make objectively falseclaims in seeking reimbursement for those disclosedand accepted salaries?

3. When the Government pursues recovery for
allegedly "unreasonable" salary claims by bypassingMedicare's administrative process and brings a FCAaction in lieu of the statutory administrative remedy,is the Congressionally established administrativeremedy the exclusive reme dy for recovery of CMS
overpayments?

4. Does the FCA's "good cause" requirement for
extensions of the election period allow the Governmentto obtain 18 sealed extensions and conduct a secretinvestigation for 8 years before intervening, where thereasons for the extensions have never been disclosed,constitute overreaching action by the Government inviolation of due process, and permit dismissal of thecomplaint as a sanction?

Where the Centers for Medicare and Medicaid Services makes payments pursuant to a 'pay and chase' policy, are the certifications of Stone County Hospital, Inc. 'material' to Centers for Medicare and Medicaid Service's payment decisions as required by the False Claims Act?